EDMONTON — Justice Shaina Leonard on Wednesday quashed an Alberta independence petition, citing an incorrect interpretation of legislation, a failure to follow previous court rulings, and a lack of Crown consultation. Leonard's decision quashes the Alberta's Chief Electoral Officer's (CEO) decision to issue Mitch Sylvestre a second issuance of Stay Free Alberta's independence petition. Sylvestre told the Western Standard that his group is not surprised by Leonard's decision, which is why they began the appeal process last week. "It is essentially going to come down to whether the premier calls for an independence referendum herself," said Sylvestre to the Western Standard. Wednesday ruling follows a judicial review of the CEO's decision on a request from the Athabasca Chipewyan First Nation and the Blackfoot Confederacy. The First Nations had argued that the CEO incorrectly interpreted Alberta's Bill 14 when he said the legislation left him no choice but to grant Sylvestre another petition, regardless of the fact that a justice dismissed his initial independence petition in December after ruling a it was unconstitutional. Neil Dobson, counsel for the Government of Alberta, told the court that there was no misinterpretation and that the UCP had the opportunity to amend the bill before passing it in the legislature if they felt it needed clarification, but they did not. Leonard ruled that the CEO's decision was unreasonable on the ground of an incorrect interpretation of the transitional phase under Bill 14, and his subsequent actions of granting the petition despite the prior ruling. ACFN and the Blackfoot Confederacy also successfully argued that the Government of Alberta failed to uphold its duty to consult with First Nations before making a decision that could infringe their Treaty rights. Premier Danielle Smith has said if the petition got enough signatures, the group’s question would be put on a ballot this fall..Stay Free Alberta's counsel, Jeffrey Rath, blasted the decision."“We disagree fundamentally with the decision which appears on its face to violate principles of natural justice and contain numerous errors of law. We have been instructed to prepare and file the appropriate appellate documents.”The judge in the case was appointed by then federal justice minister david Lametti in 2020, during the government of Justin Trudeau.
